| I. |
General:
This is an agreement ("Agreement") between you and Brewium.com (Brewium). This Agreement governs your use of any web site or web page operated by Brewium . You represent that you are at least 21 years of age and have attained the age of legal alcohol purchase and consumption in the province, state or country in which you reside, and any information that you submit is correct.
BREWIUM OFFERS THE BREWIUM.COM WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE BREWIUM.COM WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY.
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| II. |
Modification:
Brewium reserves the right to change the terms, conditions, and notices under which it offers the Brewium.com web sites, including any charges associated with the use of the Brewium.com web sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Brewium web site. Your continued use of the web sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
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| III. |
Additional Terms:
Any Brewium web page may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Brewium web page, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within the web page, then the terms in this Agreement shall control.
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| IV. |
No Unlawful or Harmful Use:
Brewium.com is only for your personal use. You will not use the Brewium.com web site for commercial purposes. You will not use the Brewium.com web site in any way that is unlawful, or harms Brewium, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "Brewium Merchant" and collectively, the "Merchants") or any customer of a Merchant, as determined in Brewium's sole discretion. Brewium may tell you about certain specific harmful uses in a code of conduct or other notices available through the Brewium.com web site, but has no obligation to do so. You may not use the Brewium.com web site in any way that breaches any code of conduct, policy or other notice applicable to the Brewium.com web site. Without limiting the generality of this section, you may not use the Brewium.com web site in any manner that could damage, disable, overburden, or impair the Brewium.com web site (or the network(s) connected to the Brewium.com web site) or interfere with any other party's use and enjoyment of the Brewium.com web site.
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| V. |
Information You Post or Provide:
For materials you post or otherwise provide to Brewium related to the Brewium.com web site (a "Submission"), you grant Brewium permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Brewium.com web site, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Brewium will not pay you for your Submission. Brewium may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Brewium may monitor your account, or other venues on a Brewium.com web page and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Merchants or any customer of a Merchant.
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| VI. |
Flooding and Spamming:
You will not use the Brewium.com web site to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail, flood the Brewium.com forum with commercial advertisements or explicit language. You will not use the Brewium.com web site in any way that violates the US Federal, State and local anti-spam laws. Contact your government representative for the current status of these laws.
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| VII. |
Information Available and Provided:
Brewium and its merchants do not warrant or guarantee the accuracy or timeliness of any information available from the Brewium.com web site including prices, even if such information appears in any e-mail, advertisement, or other message available through the Brewium.com web site. Brewium and its merchants do not authorize the use of information available from the Brewium.com web site including prices or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Brewium does not endorse or recommend any particular product or service. See the user agreements of the merchants web sites for the terms and conditions of those prices and products. Nothing contained in the Brewium.com web site is intended to constitute professional advice. Information provided in articles, documents or any other display is intended for the personal use of the Brewium.com members and merchants, and contains no guarantees to validity or functionality. Use the information provided on the Brewium.com web site at your own risk. You are responsible for any accident, incident or other mishap derived from the use, misuse or action resulting from information provided on the web site. See Section VIII of this Agreement for more clarification on this issue.
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| VIII. |
Interaction with Brewium and its Users:
Brewium offers features that may require interaction with other users of Brewium. While not an exhaustive list, some of the features of Brewium like the Forum, Friends and Recipes allow users to submit unfiltered information that may not be appropriate for all users. It is entirely at your discretion and risk to view or interact with any other user's submitted information.
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| IX. |
Brewium Makes No Warranty:
BREWIUM PROVIDES THE BREWIUM WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BREWIUM PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE BREWIUM PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE BREWIUM WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
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| X. |
Liability Limitation:
IN NO EVENT WILL ANY BREWIUM PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE BREWIUM WEB SITES, EVEN IF SUCH BREWIUM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 9 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE BREWIUM WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY BREWIUM PARTY WITH RESPECT TO THIS AGREEMENT OR THE BREWIUM WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BREWIUM WEB SITES.
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| XI. |
Copyrights and Trademark Notices:
All contents of the Brewium Web Site are Copyright 2005-2008 Brewium and/or its merchants. All rights reserved. Brewium, and/or other Team Wenger products and services referenced herein may also be either trademarks or registered trademarks of Team Wenger in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. Certain code used in certain Brewium web pages is based in part on the work of independent open source scripts. All rights reserved to the original coders.
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| XII. |
Third Party Merchants and Advertisers:
By using the "Member" or "Merchant" service through the Brewium.com web site, you authorize Brewium and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Brewium and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting Brewium and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering.
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| XIII. |
Procedure for Making Claims on Copyright or Trademark Infringements:
Email your notice to info@brewium.com
We require that you inform Brewium of the possible infringement. Provide sufficient time for a response. Upon reviewing the claim, Brewium will take appropriate action.
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